Q&As

Judgment has been obtained in England against a company registered in Gibraltar, and an address for service was provided for the defendant in England. It is believed that there may be assets belonging to the defendant at the address for service in England. Can the claimant enforce at the address for service in England in the usual way?

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Produced in partnership with James Tunley of Lamb Chambers
Published on: 29 April 2019
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Foreign-registered company

Where the only foreign element is the fact that the judgment debtor is registered abroad, but service took place within the jurisdiction, it is likely that the company also carries on its activities or business in England and Wales.

Where the judgment is a domestic judgment, it is enforceable within England and Wales in the usual way.

Enforcement against the assets

If the company has assets within the jurisdiction, then enforcement

James Tunley
James Tunley

James is a barrister (called to the Bar in 2005) specialising in employment, commercial and contractual disputes, professional negligence, personal injury and professional regulatory and disciplinary work. He has particular expertise and a wealth of experience in employment law, appearing for both claimants and respondents in the Employment Tribunal and the Employment Appeal Tribunal at all stages of proceedings and in all areas of employment law including unfair dismissal, discrimination, victimisation, trade unions, TUPE, breach of contract, and wages claims including the operation and enforcement of the National Minimum Wage Act 1998. He also has experience in contractual disputes, mostly in the employment context, and professional negligence in the context of the provision of legal advice and services. James has delivered seminars and training on a range of topics including enforcement of judgments, negligent misstatement and the National Minimum Wage Act 1998. He is a tenant at Lamb Chambers.

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Jurisdiction(s):
United Kingdom

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